[House Report 111-332]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-332

======================================================================



 
             CRUISE VESSEL SECURITY AND SAFETY ACT OF 2009

                                _______
                                

November 7, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3360]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 3360) to amend title 46, United 
States Code, to establish requirements to ensure the security 
and safety of passengers and crew on cruise vessels, and for 
other purposes, having considered the same, report favorably 
thereon without amendment and recommend that the bill do pass.

                       Purpose of the Legislation

    H.R. 3360, the ``Cruise Vessel Security and Safety Act of 
2009'', imposes new security and safety requirements on cruise 
ships that carry at least 250 passengers and call on a port in 
the United States, except as part of a coastwise voyage.

                  Background and Need for Legislation

    H.R. 3360 contains a number of provisions that will enhance 
the safety and security of passengers on board cruise vessels.
    As on land, crimes occur on cruise vessels. Statistics 
suggest that the rate of reported incidents on board cruise 
vessels is low; however, prosecutions for reported incidents 
are also very rare. Additionally, except for U.S.-flagged 
vessels or foreign-flagged vessels operating in an area subject 
to the direct jurisdiction of the United States, there are no 
Federal statutes or regulations that explicitly require cruise 
lines to report alleged crimes to U.S. government officials.
    American citizens who travel on cruise ships are subject to 
the laws of the vessel's flag state, which may not afford them 
the same rights and protections in the event of a crime that 
would be afforded under U.S. law.
    The Subcommittee on Coast Guard and Maritime Transportation 
(Subcommittee) held two hearings in 2007 to examine the extent 
of crimes on cruise ships and the effectiveness of current 
measures in preventing crimes on cruise ships and in ensuring 
the prosecution of individuals who commit crimes against 
Americans on cruises. Many of the individuals that testified 
before the Subcommittee had been the victims or the families of 
victims of crimes aboard cruise ships. They recounted 
practices, procedures, and responses that did not support the 
effective investigation or prosecution of their cases or, in 
some instances, did not even ensure that they received 
sensitive and supportive care in moments of great vulnerability 
and need.
    Cruise ships with foreign registries are required by law to 
report alleged crimes occurring on board their vessels to U.S. 
authorities when they occur within U.S. territorial waters (see 
33 CFR Sec. 120.220). Under current regulations, cruise ships 
have not been required to report crimes to U.S. authorities 
that occur outside U.S. territorial waters under any 
circumstances (and even if U.S. nationals are involved).
    However, title 18, United States Code, identifies specific 
crimes over which the United States may assert criminal 
jurisdiction under what is known as the Special Maritime and 
Territorial Jurisdiction. Such jurisdiction applies if:
           the ship on which the crime occurs--even if 
        is not registered in the United States is owned in 
        whole or in part by U.S. entities and the ship is in 
        the admiralty and maritime jurisdiction of the United 
        States and out of the jurisdiction of any particular 
        state;
       the alleged offense is committed by or against a 
U.S. national and is committed outside the jurisdiction of any 
nation;
       the crime occurs in U.S. territorial waters, 
regardless of the registration of the vessel or the nationality 
of the victim or perpetrator; or,
       the victim or perpetrator is a U.S. national on 
board a vessel during a voyage that departed from or will 
arrive in a U.S. port.
    If committed under any of the circumstances described 
above, the crimes over which the United States may assert 
jurisdiction include arson, assault, maiming, embezzlement or 
theft, receipt of stolen property, murder, manslaughter, 
attempt to commit murder or manslaughter, kidnapping, malicious 
mischief, robbery and burglary, stowaway, aggravated sexual 
abuse, sexual abuse, abusive contact of a minor or ward, 
abusive sexual contact, terrorism, and transportation for 
illegal sexual activity.
    H.R. 3360 requires that, beginning 18 months after the date 
of enactment of the Act, each vessel to which the section 
applies must comply with specific design and construction 
standards. The vessels must have rails located not less than 42 
inches above the cabin deck, and must have passenger staterooms 
and crew cabins equipped with peep holes or other means of 
visual identification. To the extent that technology is 
available, the vessels must integrate technology that can 
detect when passengers have fallen overboard. The vessel must 
also be equipped with operable acoustic hailing or warning 
devices to provide communication capability around the entire 
vessel when it is operating in high risk waters, as defined by 
the Coast Guard. Beginning on the date of enactment of the Act, 
any vessel the keel of which is laid after the date of 
enactment of the Act must equip passenger staterooms and cabins 
with security latches and time-sensitive key technologies.
    To help combat crimes aboard cruise vessels, H.R. 3360 also 
requires that the owner of a vessel maintain a video 
surveillance system to assist in documenting crimes on the 
vessel and to provide evidence for the prosecution of such 
crimes. In addition, the bill requires owners of vessels to 
employ physicians meeting certain professional qualifications 
and to maintain on the vessel adequate, in-date supplies of 
anti-retroviral medications and other medications designed to 
prevent the transmission of sexually transmitted diseases after 
a sexual assault, as well as equipment and materials for 
performing medical examinations in sexual assault cases. H.R. 
3360 also requires the owner of a vessel to record in a log 
book, either electronically or otherwise, reports on specified 
complaints.
    In addition, the bill requires the owner of a vessel or the 
owner's designee to contact the nearest Federal Bureau of 
Investigation (FBI) Field Office or Legal Attache by telephone 
as soon as possible after the occurrence on board the vessel of 
an incident involving homicide, suspicious death, a missing 
U.S. national, kidnapping, assault with serious bodily injury, 
any offense to which 18 U.S.C. Sec. 2241, 2242, 2243, or 
2244(a), or (c) applies, firing or tampering with the vessel or 
theft of money or property in excess of $10,000 to report the 
incident.
    These reporting requirements apply to an incident involving 
criminal activity if:
           the vessel, regardless of registry, is 
        owned, in whole or in part, by a U.S. person, 
        regardless of the nationality of the victim or 
        perpetrator and the incident occurs when the vessel is 
        within the admiralty and maritime jurisdiction of the 
        United States and outside the jurisdiction of any 
        State;
           the incident concerns an offense by or 
        against a U.S. national committed outside the 
        jurisdiction of any nation;
           the incident occurs in the Territorial Sea 
        of the United States, regardless of the nationality of 
        the vessel, the victim, or the perpetrator; or
           the incident concerns a victim or 
        perpetrator who is a U.S. national on a vessel that 
        departed from or will arrive at a U.S. port.
    The Secretary of Transportation is required to maintain a 
statistical compilation of certain incidents on an Internet 
site that provides a numerical accounting of the missing 
persons and alleged crimes recorded in each report that are no 
longer under investigation. The data shall be updated no less 
frequently than quarterly and aggregated by cruise line (and 
each cruise line shall be identified by name), and by whether 
the crime was committed by a passenger or a crew member. Each 
cruise line taking on or discharging passengers in the United 
States shall include a link on its Internet website to the 
website maintained by the Secretary of Transportation.

                       Summary of the Legislation


Section 1. Short title; table of contents

    Section 1 specifies that the Act may be cited as the 
``Cruise Vessel Security and Safety Act of 2009''.

Sec. 2. Findings

    Section 2 presents several findings regarding crime aboard 
cruise ships.

Sec. 3. Cruise vessel security and safety requirements

    Section 3 adds a new section 3507 to title 46, United 
States Code.
    Subsection (a) requires that beginning 18 months after the 
date of enactment of the Act, each vessel to which the section 
applies must comply with specific design and construction 
standards. The vessels must have rails located not less than 42 
inches above the cabin deck, and must have passenger staterooms 
and crew cabins equipped with peep holes or other means of 
visual identification. To the extent that technology is 
available, the vessels must integrate technology that can 
detect when passengers have fallen overboard. The vessels must 
also be equipped with operable acoustic hailing or warning 
devices to provide communication capability around the entire 
vessel when it is operating in high risk waters as defined by 
the Coast Guard.
    Immediately upon enactment of the Act, any vessel, the keel 
of which is laid after the date of enactment of the Act, must 
equip passenger staterooms and cabins with security latches and 
time sensitive key technologies.
    Subsection (b) requires that the owner of a vessel to which 
the section applies shall maintain a video surveillance system 
to assist in documenting crimes on the vessel, and to provide 
evidence for the prosecution of such crimes. Any law 
enforcement official performing official duties in the course 
and scope of an investigation shall be provided access by the 
ship owner to a copy of all video records generated by the 
surveillance system upon request.
    Subsection (c) requires that the owner of a vessel to which 
the section applies shall provide, in each passenger stateroom, 
information regarding the locations of the U.S. consulate and 
the U.S. embassy for each country the vessel will visit during 
its voyage.
    Subsection (d) requires that the owner of a vessel to which 
the section applies shall maintain on the vessel adequate, in-
date supplies of anti-retroviral medications and other 
medications designed to prevent the transmission of sexually 
transmitted diseases after a sexual assault. The vessel must 
also maintain equipment and materials for performing medical 
examinations in sexual assault cases and to evaluate the 
patient for trauma, provide medical care, and preserve 
evidence. Further, there must be available at all times on the 
vessel's medical staff who possess a current physician's or 
registered nurse's license; who have either at least three 
years of post-graduate or post-registration clinical practice 
in general and emergency medicine or board certification in 
emergency medicine, family practice medicine, or internal 
medicine; and who meet guidelines established by the American 
College of Emergency Physicians, and are able to provide 
assistance in the event of an alleged sexual assault, including 
conducting forensic sexual assault exams and administering 
proper medical treatment to assault victims.
    The vessel owner must prepare and provide to the patient 
and maintain written documentation of the findings of medical 
examinations conducted after an alleged assault, and these 
results must be signed by the patient.
    The vessel owner must also provide to the victim of an 
alleged sexual assault free and immediate access to contact 
information for local law enforcement, the FBI, the Coast 
Guard, the nearest U.S. consulate or embassy, and the National 
Sexual Assault Hotline program or other third party victim 
advocacy hotline service. The vessel owner must also make 
available a private telephone line and Internet-accessible 
computer terminal so that the victim may confidentially access 
law enforcement officials, an attorney, and the information and 
support services available through the National Sexual Assault 
Hotline program or other third party victim advocacy hotline 
service.
    Subsection (e) requires that the master or other individual 
in charge of a vessel to which this section applies shall treat 
information concerning a medical examination performed 
following an alleged sexual assault confidential so that no 
information may be released to the cruise line or other owner 
of the vessel or any legal representative thereof without the 
prior knowledge and written approval of the patient or the 
patient's next-of-kin as appropriate. However, information 
other than medical findings necessary for the master to comply 
with log book reporting requirements or other reporting 
requirements or to secure the safety of passengers and crew 
members may be released and information may be released to law 
enforcement officials performing official duties in the course 
and scope of an investigation.
    The master or other individual in charge of a vessel to 
which this section applies must also treat information derived 
from post-assault counseling or other supportive services as 
confidential. No information may be released to the cruise line 
or any legal representative of the cruise line without the 
prior knowledge and written approval of the patient or the 
patient's next-of-kin as appropriate.
    Subsection (f) requires that the owner of a vessel to which 
this section applies shall establish and implement procedures 
and restrictions concerning which crewmembers have access to 
passenger staterooms, the period during which they have access, 
and shall ensure that the procedures and restrictions are fully 
and properly implemented and periodically reviewed.
    Subsection (g) requires that the owner of a vessel to which 
this section applies shall record in a log book, either 
electronically or otherwise, in a centralized location readily 
accessible to law enforcement a report on all complaints of 
certain crimes, all complaints of theft of property valued in 
excess of $1,000, and all complaints of other crimes committed 
on any voyage that embarks and disembarks passengers in the 
United States. The owner must make the log book available upon 
request to the FBI, the Coast Guard, and any law enforcement 
officer performing official duties in the course and scope of 
an investigation.
    This subsection requires that entries into log books 
recording alleged crimes shall include, at a minimum, the name 
of the vessel operator/cruise line; the flag of the vessel; the 
age and gender of the victim and assailant; the nature of the 
alleged crime; the vessel's position at the time of the 
incident or, if that is not known, the position at the time the 
incident was reported; the time, date, and method of the 
initial report and of the incident; the total number of 
passengers and crew on the voyage; and the case number of the 
report.
    This subsection also requires the vessel's owner or 
designee to contact the nearest FBI Field Office or Legal 
Attach by telephone as soon as possible after the occurrence on 
board the vessel of an incident involving homicide, suspicious 
death, a missing U.S. national, kidnapping, assault with 
serious bodily injury, any offense to which 18 U.S.C. 
Sec. Sec. 2241, 2242, 2243, or 2244(a), or (c) applies, firing 
or tampering with the vessel or theft of money or property in 
excess of $10,000 to report the incident.
    These reporting requirements apply to an incident involving 
criminal activity if:
           the vessel, regardless of registry, is 
        owned, in whole or in part, by a U.S. person, 
        regardless of the nationality of the victim or 
        perpetrator and the incident occurs when the vessel is 
        within the admiralty and maritime jurisdiction of the 
        United States and outside the jurisdiction of any 
        State;
           the incident concerns an offense by or 
        against a U.S. national committed outside the 
        jurisdiction of any nation;
           the incident occurs in the Territorial Sea 
        of the United States, regardless of the nationality of 
        the vessel, the victim, or the perpetrator; or
           the incident concerns a victim or 
        perpetrator who is a U.S. national on a vessel that 
        departed from or will arrive at a U.S. port.
    The Secretary of Transportation is required to maintain a 
statistical compilation of certain incidents on an Internet 
site that provides a numerical accounting of the missing 
persons and alleged crimes recorded in each report that are no 
longer under investigation. The data shall be updated no less 
frequently than quarterly and aggregated by cruise line (and 
each cruise line shall be identified by name), and by whether 
the crime was committed by a passenger or a crew member. Each 
cruise line taking on or discharging passengers in the United 
States shall include a link on its Internet website to the 
website maintained by the Secretary of Transportation.
    Subsection (h) states that any person who violates this 
section or a regulation under this section shall be liable for 
a civil penalty of not more than $25,000 for each day during 
which the violation continues, except that the maximum penalty 
will be $50,000. Any person that willfully violates this 
section, or a regulation under the section, shall be fined not 
more than $250,000 or imprisoned not more than one year, or 
both. Further, entry into a U.S. port may be denied to a vessel 
to which this section applies if the owner of the vessel 
commits an act or omission for which a penalty may be imposed 
or fails to pay a penalty imposed on the owner under this 
subsection.
    Subsection (i) requires that within six months of the date 
of enactment of the Act, the Secretary shall issue guidelines, 
training curricula, and inspection and certification procedures 
necessary to carry out the requirements of this section.
    Subsection (j) requires that the Secretary of 
Transportation and the Commandant of the Coast Guard to each 
issue regulations necessary to implement this section.
    Subsection (k) states that this section and section 3508 
applies to a passenger vessel that is authorized to carry at 
least 250 passengers, has onboard sleeping facilities for each 
passenger, is on a voyage that embarks or disembarks passengers 
in the United States, and is not engaged on a coastwise voyage. 
The Act does not apply to vessels of the United States, or 
vessels owned and operated by a State.
    Subsection (l) defines the term owner to mean the owner, 
charterer, managing operator, master, or other individual in 
charge of a vessel.
    Section 3 also adds a new section 3508 to title 46, United 
States Code, which establishes standards for crime scene 
preservation training and passenger vessel crewmembers.
    Section 3508(a) states that the Secretary of the department 
in which the Coast Guard is operating, in consultation with the 
Director of the FBI and the Administrator of the Maritime 
Administration, shall develop training standards and curricula 
to allow for the certification of passenger vessel security 
personnel and crewmembers on the appropriate methods for 
prevention, detection, evidence preservation, and reporting of 
criminal activities in the international maritime environment.
    Subsection (b) states that the standards established by the 
Secretary shall include the training and certification of 
vessel security personnel and crewmembers, including 
recommendations for incorporating a background check process 
for personnel trained and certified in foreign countries. The 
standards shall also include the training of students and 
instructors in all aspects of the prevention and detection of 
crime and the preservation of evidence.
    Subsection (c) provides that beginning two years after the 
standards are established, no vessel to which the section 
applies may enter a U.S. port on a voyage or voyage segment on 
which a U.S. citizen is a passenger unless there is at least 
one crewmember on board who is certified as having successfully 
completed the required training.
    Subsection (d) states that no vessel to which the 
subsection applies may enter a U.S. port on a voyage or voyage 
segment on which a U.S. citizen is a passenger unless there is 
at least one crewmember on board who is properly trained in the 
prevention and detection of crime and the preservation of 
evidence.
    Subsection (e) provides that any person that violates this 
section or any regulation under this section shall be liable 
for a civil penalty of not more than $50,000.
    Subsection (f) authorizes the Secretary to deny entry into 
the United States to a vessel to which this section applies if 
the owner commits an act or omission for which a penalty may be 
imposed, or fails to pay an imposed penalty.

Sec. 4. Study and report on the security needs of passenger vessels

    This section requires that, within three months after the 
date of enactment of this Act, the Secretary shall conduct a 
study of the security needs of passenger vessels and report the 
findings of the study to Congress.

            Legislative History and Committee Consideration

    In the 110th Congress, on March 27, 2007, the Subcommittee 
held a hearing entitled ``Crimes Against Americans on Cruise 
Ships''. On September 19, 2007, the Subcommittee held a follow-
up hearing entitled ``Cruise Ship Security Practices and 
Procedures''. On June 26, 2008, Representative Doris O. Matsui 
introduced H.R. 6408, the ``Cruise Vessel Security and Safety 
Act of 2008''.
    In the 111th Congress, on July 28, 2009, Representative 
Doris O. Matsui introduced H.R. 3360. On July 30, 2009, the 
Committee on Transportation and Infrastructure met in open 
session and ordered the bill reported favorably to the House by 
voice vote with a quorum present.
    In the Senate, on March 12, 2009, Senator John Kerry 
introduced S. 588, the ``Cruise Vessel Security and Safety Act 
of 2009''. On September 8, 2009, the Committee on Commerce, 
Science, and Transportation ordered S. 588, as amended, 
reported favorably to the Senate.

                              Record Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. There were no recorded votes taken in connection 
with consideration of H.R. 3360 or ordering the bill reported. 
A motion to order H.R. 3360 reported favorably to the House was 
agreed to by voice vote with a quorum present.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance With House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
section 308(a) of the Congressional Budget Act of 1974, the 
Committee references the report of the Congressional Budget 
Office included in the report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
ensure passenger security and safety aboard cruise ships.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the enclosed cost estimate for H.R. 3360 
from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 19, 2009.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3360, the Cruise 
Vessel Security and Safety Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                         Robert A. Sunshine
                              (For Douglas W. Elmendorf, Director).
    Enclosure.

H.R. 3360--Cruise Vessel Security and Safety Act of 2009

    H.R. 3360 would address the safety of passengers and crew 
members on cruise vessels. The bill would require the U.S. 
Coast Guard to promulgate safety regulations, develop training 
curricula for cruise-ship personnel, and establish 
certification and inspection procedures to facilitate 
enforcement.
    Based on information provided by the agency and assuming 
the availability of appropriated funds, CBO estimates that 
those activities would cost about $5 million over the 2010-2014 
period. The bill also would establish new criminal and civil 
penalties, but CBO estimates that any resulting new revenues 
(from penalties) or related direct spending (of criminal 
penalties from the Crime Victims Fund) would be less than 
$500,000 annually.
    The bill contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would impose no 
costs on state, local, or tribal governments.
    H.R. 3360 would impose private-sector mandates, as defined 
in UMRA, on owners and operators of certain cruise vessels that 
use U.S. ports. Cruise lines that own and operate those vessels 
would be required to meet certain safety standards, post 
information about the location of U.S. embassies and consulates 
for countries on the voyage itinerary, and limit crew access to 
passenger cabins. The bill also would require cruise lines to 
maintain a log book of alleged crimes, report suspected 
criminal activities that occur on their vessels to the 
appropriate law enforcement authorities, and provide online 
access to data on criminal acts that occur on cruise vessels. 
In addition, the bill would require cruise lines to adhere to 
specific procedures when assisting victims of a sexual assault 
and to carry certain medical supplies and equipment designated 
for use in such cases. Lastly, cruise lines would be required 
to have at least one crewmember trained in crime scene 
investigation onboard while the vessel is in service.
    According to the Maritime Administration and the U.S. Coast 
Guard, between 125 and 150 cruise vessels that access U.S. 
ports would have to comply with the requirements in the bill. 
Industry representatives indicate that those vessels already 
comply with most of the bill's requirements and that any needed 
adjustments in current practice would likely be minor. CBO 
therefore expects that the incremental costs of the mandates 
would fall below the annual threshold established in UMRA for 
private-sector mandates ($139 million in 2009, adjusted 
annually for inflation).
    On July 29, 2009, CBO transmitted a cost estimate for S. 
588, the Cruise Vessel Security and Safety Act of 2009, as 
ordered reported by the Senate Committee on Commerce, Science, 
and Transportation on July 8, 2009. S. 588 and H.R. 3360 are 
similar, and the CBO estimates are the same.
    The CBO staff contacts for this estimate are Deborah Reis 
(for federal costs) and Jacob Kuipers and Amy Petz (for the 
private-sector impact). The estimate was approved by Theresa 
Gullo, Deputy Assistant Director for Budget Analysis.

                     Compliance With House Rule XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits, as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. H.R. 
3360 does not contain any earmarks, limited tax benefits, or 
limited tariff benefits under clause 9(e), 9(f), or 9(g) of 
rule XXI.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, committee reports on a bill or joint 
resolution of a public character shall include a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (P.L. 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 3360 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (P.L. 104-1).

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

               CHAPTER 35 OF TITLE 46, UNITED STATES CODE


                   CHAPTER 35--CARRIAGE OF PASSENGERS

Sec.
3501.  Number of passengers.
     * * * * * * *
3507.  Passenger vessel security and safety requirements.
3508.  Crime scene preservation training for passenger vessel crew 
          members.

           *       *       *       *       *       *       *


Sec. 3507. Passenger vessel security and safety requirements

  (a) Vessel Design, Equipment, Construction, and Retrofitting 
Requirements.--
          (1) In general.--Each vessel to which this subsection 
        applies shall comply with the following design and 
        construction standards:
                  (A) The vessel shall be equipped with ship 
                rails that are located not less than 42 inches 
                above the cabin deck.
                  (B) Each passenger stateroom and crew cabin 
                shall be equipped with entry doors that include 
                peep holes or other means of visual 
                identification.
                  (C) For any vessel the keel of which is laid 
                after the date of enactment of the Cruise 
                Vessel Security and Safety Act of 2009, each 
                passenger stateroom and crew cabin shall be 
                equipped with--
                          (i) security latches; and
                          (ii) time-sensitive key technology.
                  (D) The vessel shall integrate technology 
                that can be used for capturing images of 
                passengers or detecting passengers who have 
                fallen overboard, to the extent that such 
                technology is available.
                  (E) The vessel shall be equipped with a 
                sufficient number of operable acoustic hailing 
                or other such warning devices to provide 
                communication capability around the entire 
                vessel when operating in high risk areas (as 
                defined by the United States Coast Guard).
          (2) Fire safety codes.--In administering the 
        requirements of paragraph (1)(C), the Secretary shall 
        take into consideration fire safety and other 
        applicable emergency requirements established by the 
        U.S. Coast Guard and under international law, as 
        appropriate.
          (3) Effective date.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the requirements of paragraph 
                (1) shall take effect 18 months after the date 
                of enactment of the Cruise Vessel Security and 
                Safety Act of 2009.
                  (B) Latch and key requirements.--The 
                requirements of paragraph (1)(C) take effect on 
                the date of enactment of the Cruise Vessel 
                Security and Safety Act of 2009.
  (b) Video Recording.--
          (1) Requirement to maintain surveillance.--The owner 
        of a vessel to which this section applies shall 
        maintain a video surveillance system to assist in 
        documenting crimes on the vessel and in providing 
        evidence for the prosecution of such crimes, as 
        determined by the Secretary.
          (2) Access to video records.--The owner of a vessel 
        to which this section applies shall provide to any law 
        enforcement official performing official duties in the 
        course and scope of an investigation, upon request, a 
        copy of all records of video surveillance that the 
        official believes may provide evidence of a crime 
        reported to law enforcement officials.
  (c) Safety Information.--The owner of a vessel to which this 
section applies shall provide in each passenger stateroom, and 
post in a location readily accessible to all crew and in other 
places specified by the Secretary, information regarding the 
locations of the United States embassy and each consulate of 
the United States for each country the vessel will visit during 
the course of the voyage.
  (d) Sexual Assault.--The owner of a vessel to which this 
section applies shall--
          (1) maintain on the vessel adequate, in-date supplies 
        of anti-retroviral medications and other medications 
        designed to prevent sexually transmitted diseases after 
        a sexual assault;
          (2) maintain on the vessel equipment and materials 
        for performing a medical examination in sexual assault 
        cases to evaluate the patient for trauma, provide 
        medical care, and preserve relevant medical evidence;
          (3) make available on the vessel at all times medical 
        staff who have undergone a credentialing process to 
        verify that he or she--
                  (A) possesses a current physician's or 
                registered nurse's license and--
                          (i) has at least 3 years of post-
                        graduate or post-registration clinical 
                        practice in general and emergency 
                        medicine; or
                          (ii) holds board certification in 
                        emergency medicine, family practice 
                        medicine, or internal medicine;
                  (B) is able to provide assistance in the 
                event of an alleged sexual assault, has 
                received training in conducting forensic sexual 
                assault examination, and is able to promptly 
                perform such an examination upon request and 
                provide proper medical treatment of a victim, 
                including administration of anti-retroviral 
                medications and other medications that may 
                prevent the transmission of human 
                immunodeficiency virus and other sexually 
                transmitted diseases; and
                  (C) meets guidelines established by the 
                American College of Emergency Physicians 
                relating to the treatment and care of victims 
                of sexual assault;
          (4) prepare, provide to the patient, and maintain 
        written documentation of the findings of such 
        examination that is signed by the patient; and
          (5) provide the patient free and immediate access 
        to--
                  (A) contact information for local law 
                enforcement, the Federal Bureau of 
                Investigation, the United States Coast Guard, 
                the nearest United States consulate or embassy, 
                and the National Sexual Assault Hotline program 
                or other third party victim advocacy hotline 
                service; and
                  (B) a private telephone line and Internet-
                accessible computer terminal by which the 
                individual may confidentially access law 
                enforcement officials, an attorney, and the 
                information and support services available 
                through the National Sexual Assault Hotline 
                program or other third party victim advocacy 
                hotline service.
  (e) Confidentiality of Sexual Assault Examination and Support 
Information.--The master or other individual in charge of a 
vessel to which this section applies shall--
          (1) treat all information concerning an examination 
        under subsection (d) confidential, so that no medical 
        information may be released to the cruise line or other 
        owner of the vessel or any legal representative thereof 
        without the prior knowledge and approval in writing of 
        the patient, or, if the patient is unable to provide 
        written authorization, the patient's next-of-kin, 
        except that nothing in this paragraph prohibits the 
        release of--
                  (A) information, other than medical findings, 
                necessary for the owner or master of the vessel 
                to comply with the provisions of subsection (g) 
                or other applicable incident reporting laws;
                  (B) information to secure the safety of 
                passengers or crew on board the vessel; or
                  (C) any information to law enforcement 
                officials performing official duties in the 
                course and scope of an investigation; and
          (2) treat any information derived from, or obtained 
        in connection with, post-assault counseling or other 
        supportive services confidential, so no such 
        information may be released to the cruise line or any 
        legal representative thereof without the prior 
        knowledge and approval in writing of the patient, or, 
        if the patient is unable to provide written 
        authorization, the patient's next-of-kin.
  (f) Crew Access to Passenger Staterooms.--The owner of a 
vessel to which this section applies shall--
          (1) establish and implement procedures and 
        restrictions concerning--
                  (A) which crew members have access to 
                passenger staterooms; and
                  (B) the periods during which they have that 
                access; and
          (2) ensure that the procedures and restrictions are 
        fully and properly implemented and periodically 
        reviewed.
  (g) Log Book and Reporting Requirements.--
          (1) In general.--The owner of a vessel to which this 
        section applies shall--
                  (A) record in a log book, either 
                electronically or otherwise, in a centralized 
                location readily accessible to law enforcement 
                personnel, a report on--
                          (i) all complaints of crimes 
                        described in paragraph (3)(A)(i),
                          (ii) all complaints of theft of 
                        property valued in excess of $1,000, 
                        and
                          (iii) all complaints of other crimes,
                committed on any voyage that embarks or 
                disembarks passengers in the United States; and
                  (B) make such log book available upon request 
                to any agent of the Federal Bureau of 
                Investigation, any member of the United States 
                Coast Guard, and any law enforcement officer 
                performing official duties in the course and 
                scope of an investigation.
          (2) Details required.--The information recorded under 
        paragraph (1) shall include, at a minimum--
                  (A) the vessel operator;
                  (B) the name of the cruise line;
                  (C) the flag under which the vessel was 
                operating at the time the reported incident 
                occurred;
                  (D) the age and gender of the victim and the 
                accused assailant;
                  (E) the nature of the alleged crime or 
                complaint, as applicable, including whether the 
                alleged perpetrator was a passenger or a crew 
                member;
                  (F) the vessel's position at the time of the 
                incident, if known, or the position of the 
                vessel at the time of the initial report;
                  (G) the time, date, and method of the initial 
                report and the law enforcement authority to 
                which the initial report was made;
                  (H) the time and date the incident occurred, 
                if known;
                  (I) the total number of passengers and the 
                total number of crew members on the voyage; and
                  (J) the case number or other identifier 
                provided by the law enforcement authority to 
                which the initial report was made.
          (3) Requirement to report crimes and other 
        information.--
                  (A) In general.--The owner of a vessel to 
                which this section applies (or the owner's 
                designee)--
                          (i) shall contact the nearest Federal 
                        Bureau of Investigation Field Office or 
                        Legal Attache by telephone as soon as 
                        possible after the occurrence on board 
                        the vessel of an incident involving 
                        homicide, suspicious death, a missing 
                        United States national, kidnapping, 
                        assault with serious bodily injury, any 
                        offense to which section 2241, 2242, 
                        2243, or 2244 (a) or (c) of title 18 
                        applies, firing or tampering with the 
                        vessel, or theft of money or property 
                        in excess of $10,000 to report the 
                        incident;
                          (ii) shall furnish a written report 
                        of the incident to the Secretary via an 
                        Internet based portal;
                          (iii) may report any serious incident 
                        that does not meet the reporting 
                        requirements of clause (i) and that 
                        does not require immediate attention by 
                        the Federal Bureau of Investigation via 
                        the Internet based portal maintained by 
                        the Secretary of Transportation; and
                          (iv) may report any other criminal 
                        incident involving passengers or crew 
                        members, or both, to the proper State 
                        or local government law enforcement 
                        authority.
                  (B) Incidents to which subparagraph (A) 
                applies.--Subparagraph (A) applies to an 
                incident involving criminal activity if--
                          (i) the vessel, regardless of 
                        registry, is owned, in whole or in 
                        part, by a United States person, 
                        regardless of the nationality of the 
                        victim or perpetrator, and the incident 
                        occurs when the vessel is within the 
                        admiralty and maritime jurisdiction of 
                        the United States and outside the 
                        jurisdiction of any State;
                          (ii) the incident concerns an offense 
                        by or against a United States national 
                        committed outside the jurisdiction of 
                        any nation;
                          (iii) the incident occurs in the 
                        Territorial Sea of the United States, 
                        regardless of the nationality of the 
                        vessel, the victim, or the perpetrator; 
                        or
                          (iv) the incident concerns a victim 
                        or perpetrator who is a United States 
                        national on a vessel during a voyage 
                        that departed from or will arrive at a 
                        United States port.
          (4) Availability of incident data via internet.--
                  (A) Website.--The Secretary of Transportation 
                shall maintain a statistical compilation of all 
                incidents described in paragraph (3)(A)(i) on 
                an Internet site that provides a numerical 
                accounting of the missing persons and alleged 
                crimes recorded in each report filed under 
                paragraph (3)(A)(i) that are no longer under 
                investigation by the Federal Bureau of 
                Investigation. The data shall be updated no 
                less frequently than quarterly, aggregated by--
                          (i) cruise line, with each cruise 
                        line identified by name; and
                          (ii) whether each crime was committed 
                        by a passenger or a crew member.
                  (B) Access to website.--Each cruise line 
                taking on or discharging passengers in the 
                United States shall include a link on its 
                Internet website to the website maintained by 
                the Secretary under subparagraph (A).
  (h) Enforcement.--
          (1) Penalties.--
                  (A) Civil penalty.--Any person that violates 
                this section or a regulation under this section 
                shall be liable for a civil penalty of not more 
                than $25,000 for each day during which the 
                violation continues, except that the maximum 
                penalty for a continuing violation is $50,000.
                  (B) Criminal penalty.--Any person that 
                willfully violates this section or a regulation 
                under this section shall be fined not more than 
                $250,000 or imprisoned not more than 1 year, or 
                both.
          (2) Denial of entry.--The Secretary may deny entry 
        into the United States to a vessel to which this 
        section applies if the owner of the vessel--
                  (A) commits an act or omission for which a 
                penalty may be imposed under this subsection; 
                or
                  (B) fails to pay a penalty imposed on the 
                owner under this subsection.
  (i) Procedures.--Within 6 months after the date of enactment 
of the Cruise Vessel Security and Safety Act of 2009, the 
Secretary shall issue guidelines, training curricula, and 
inspection and certification procedures necessary to carry out 
the requirements of this section.
  (j) Regulations.--The Secretary of Transportation and the 
Commandant shall each issue such regulations as are necessary 
to implement this section.
  (k) Application.--
          (1) In general.--This section and section 3508 apply 
        to a passenger vessel (as defined in section 2101(22)) 
        that--
                  (A) is authorized to carry at least 250 
                passengers;
                  (B) has onboard sleeping facilities for each 
                passenger;
                  (C) is on a voyage that embarks or disembarks 
                passengers in the United States; and
                  (D) is not engaged on a coastwise voyage.
          (2) Federal and state vessels.--This section and 
        section 3508 do not apply to a vessel that is owned and 
        operated by the United States Government or a vessel 
        that is owned and operated by a State.
  (l) Owner Defined.--In this section and section 3508, the 
term ``owner'' means the owner, charterer, managing operator, 
master, or other individual in charge of a vessel.

Sec. 3508. Crime scene preservation training for passenger vessel crew 
                    members

  (a) In General.--Within 1 year after the date of enactment of 
the Cruise Vessel Security and Safety Act of 2009, the 
Secretary, in consultation with the Director of the Federal 
Bureau of Investigation and the Maritime Administrator, shall 
develop training standards and curricula to allow for the 
certification of passenger vessel security personnel, crew 
members, and law enforcement officials on the appropriate 
methods for prevention, detection, evidence preservation, and 
reporting of criminal activities in the international maritime 
environment. The Administrator of the Maritime Administration 
may certify organizations in the United States and abroad that 
offer the curriculum for training and certification under 
subsection (c).
  (b) Minimum Standards.--The standards established by the 
Secretary under subsection (a) shall include--
          (1) the training and certification of vessel security 
        personnel, crew members, and law enforcement officials 
        in accordance with accepted law enforcement and 
        security guidelines, policies, and procedures, 
        including recommendations for incorporating a 
        background check process for personnel trained and 
        certified in foreign countries;
          (2) the training of students and instructors in all 
        aspects of prevention, detection, evidence 
        preservation, and reporting of criminal activities in 
        the international maritime environment; and
          (3) the provision or recognition of off-site training 
        and certification courses in the United States and 
        foreign countries to develop and provide the required 
        training and certification described in subsection (a) 
        and to enhance security awareness and security 
        practices related to the preservation of evidence in 
        response to crimes on board passenger vessels.
  (c) Certification Requirement.--Beginning 2 years after the 
standards are established under subsection (b), no vessel to 
which this section applies may enter a United States port on a 
voyage (or voyage segment) on which a United States citizen is 
a passenger unless there is at least 1 crew member onboard who 
is certified as having successfully completed training in the 
prevention, detection, evidence preservation, and reporting of 
criminal activities in the international maritime environment 
on passenger vessels under subsection (a).
  (d) Interim Training Requirement.--No vessel to which this 
section applies may enter a United States port on a voyage (or 
voyage segment) on which a United States citizen is a passenger 
unless there is at least 1 crew member onboard who has been 
properly trained in the prevention, detection, evidence 
preservation and the reporting requirements of criminal 
activities in the international maritime environment. The owner 
of such a vessel shall maintain certification or other 
documentation, as prescribed by the Secretary, verifying the 
training of such individual and provide such documentation upon 
request for inspection in connection with enforcement of the 
provisions of this section. This subsection shall take effect 1 
year after the date of enactment of the Cruise Vessel Safety 
and Security Act of 2009 and shall remain in effect until 
superseded by the requirements of subsection (c).
  (e) Civil Penalty.--Any person that violates this section or 
a regulation under this section shall be liable for a civil 
penalty of not more than $50,000.
  (f) Denial of Entry.--The Secretary may deny entry into the 
United States to a vessel to which this section applies if the 
owner of the vessel--
          (1) commits an act or omission for which a penalty 
        may be imposed under subsection (e); or
          (2) fails to pay a penalty imposed on the owner under 
        subsection (e).

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